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(영문) 광주지방법원 2017.06.15 2017고단1450
도로교통법위반(음주측정거부)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driven BM5 vehicles from the section of about 3 km away from the front of the port of Dogdo located in the south Yong-gun, Young-gun, without a vehicle driver’s license, to the roads near the ocean in the offset Ri, in the same area.

2. On December 14, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was driving the said vehicle after drinking the vehicle at around 21:15 on the same day, and driving it under the influence of alcohol, such as driving on the road at which he was under the influence of alcohol and driving it on the road near the west-gun-gun, Seoul Special Metropolitan City Defa, for the first time on the road under the influence of alcohol. On the same day on the same day, the Defendant was driving the vehicle under the influence of alcohol, such as “A vehicle on one of the roads, has been driven by the police who was dispatched after receiving a report, voluntarily accompanied the vehicle to the Mine Police Station C Police Station, by the police station on one of the roads, and driving the vehicle under the influence of alcohol on the same day on the same day, such as heavy drinking, snow, snow, heavy, and a slope distance on the same day.

Since there are reasonable grounds to determine a person, the police box was requested from the assistant assistant affiliated with the above police box to respond to the measurement of drinking alcohol by inserting the whole of 23:06 of the same day three times from that on the same day.

Nevertheless, the defendant did not drive his or her vehicle and refused to comply with a police officer's request for a measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Refusal of measurement of drinking alcohol and non-licensed arrest report of a violation of traffic laws on roads;

1. A report on the circumstances of the driver at home and the situation of the driver at home;

1. The driver's license ledger and the driver's license ledger;

1. Application of the statutes on the photograph of this case

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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